If any participant shall be physically or mentally
incapable of receiving or acknowledging receipt of any payment of
pension benefits hereunder, the employer, upon the receipt of satisfactory
evidence that such participant is so incapacitated and that another
person or institution is maintaining him and that no guardian or committee
has been appointed for him, may provide for such payment of pension
benefits hereunder to such person or institution so maintaining him,
and any such payments so made shall be deemed for every purpose to
have been made to such participant.
If any benefit shall be payable under the plan
to or on behalf of a participant who has died, if the plan provides
that the payment of such benefits shall be made to the participant's
estate, and if no administration of such participant's estate is pending
in the court of proper jurisdiction, then the employer, at its sole
option, may pay such benefits to the surviving spouse of such deceased
participant, or, if there be no such surviving spouse, to such participant's
then-living issue, per stirpes; provided, however, that nothing contained
herein shall prevent the employer from insisting upon the commencement
of estate administration proceedings and the delivery of any such
benefits to a duly appointed executor or administrator.
Subject to the provisions of the Act, no past,
present or future officer of the employer shall be personally liable
to any participant, beneficiary or other person under any provision
of the plan, or any policy issued pursuant thereto.
Nothing contained herein shall be deemed to
give any participant or his beneficiary any interest in any specific
property of the pension fund or any right except to receive such distributions
as are expressly provided for in this plan.
Participation in this plan shall not give any
right to any employee to be retained in the employ of the employer
nor shall it interfere with the right of the employer to discharge
any employee and to deal with him without regard to the effect that
such treatment might have upon him as a participant in this plan.
The income and principal of the pension fund
are for the sole use and benefit of the participants of this plan,
and, to the extent permitted by law, shall be free, clear and discharged
of and from and are not to be in any way liable for debts, contracts
or agreements, now contracted or which may hereafter be contracted,
and from all claims and liabilities now or hereafter incurred by any
participant or beneficiary.
As used herein, the masculine gender shall include
the feminine gender and the singular shall include the plural in all
cases where such meaning would be appropriate. Headings of articles
and sections are inserted only for convenience of reference and are
not to be considered in the construction of the plan.
The employer shall furnish to the Plan Administrator
information in the employer's possession as the Plan Administrator
shall require from time to time to perform duties under the plan.